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Can Debtors Be Legally Forced To Pay Debt With Their Cryptocurrency

Nexa Collect

Individuals can be legally forced to pay their debts with their cryptocurrency, but the creditor must have a judgment which states that the debtor is obligated to pay off the debt, including any cryptocurrency they own. Knowing whether or not the debtor owns crypto like bitcoin is of course a challenge.

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Can a Lender Pursue Debt Collection After a Charge Off and 1099-C Issuance?

Jimerson Firm

Generally, if debtors owe a debt to a lender, and the lender cancels or forgives that debt for less than its full amount, the debtor is treated for income tax purposes as having income and may have to pay tax on this income by virtue of a 1099-C filing from the lender. 1099-C Issuance. 684, 689 (Bankr.W.D.Pa.2009)

Lender 98
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Recent Trends and Common Allegations in FCCPA Litigation

Jimerson Firm

As such, whether the consumer lawyer intends to pursue the class or not, this is seen as a tactic to increase settlement value for the debtor, even if the settlement is only on an individual basis. These lawsuits are typically based upon an allegedly improper 3-day notice sent to a tenant/debtor. 18), Florida Statutes.

Debtor 59
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What is the Difference Between the FDCPA and the FCCPA?

Jimerson Firm

In the event of any inconsistency between any provision of this part and any provision of the federal act, the provision which is more protective of the consumer or debtor shall prevail.” Had actual knowledge that the right did not exist. This part is in addition to the requirements and regulations of the federal act. 559.552, Fla.

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Defending Against Alleged Violations of the FCCPA and the FRLTA

Jimerson Firm

—In collecting consumer debts, no person shall: (9) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist. In order to establish a violation of Section 559.72(9)

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Eleventh Circuit Refuses to Impose a ‘Least Sophisticated Consumer’ Standard to Discharge Violations

Consumer Financial Services Law

The order stated that “a creditor may have the right to enforce a valid lien such as a mortgage or security interest. Also, a debtor may voluntarily pay any debt that has been discharged.” As such, the mortgage on the surrendered property was discharged. Post-discharge, Nationstar, instead of foreclosing, sent Ms.